Terms of Service

1. Introduction

Welcome to SMS Gateway. These Terms of Service ("Terms") govern your access to and use of SMS Gateway's services, software, and website (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the new Terms.

2. Account Registration

To use the Service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate, complete, and current registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not share your account credentials with others or create multiple accounts. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You may not use the Service to:

• Send unsolicited commercial messages (spam) or violate anti-spam laws
• Send messages containing illegal content, malware, or phishing attempts
• Violate any applicable laws, regulations, or third-party rights
• Harass, threaten, or abuse others
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to the Service
• Use the Service for any fraudulent or criminal activity
• Send messages to numbers on do-not-call registries without proper consent
• Violate the Telephone Consumer Protection Act (TCPA) or similar regulations

We reserve the right to investigate and take appropriate action against anyone who violates this policy, including terminating accounts and reporting violations to law enforcement.

4. Service Usage and Limits

Your use of the Service is subject to the limits of your chosen plan:

• Message quotas are monthly and do not roll over
• Device limits are based on your plan tier
• We may implement rate limiting to ensure service quality
• Excessive usage may result in temporary throttling or account suspension

Carrier-imposed limits may affect message delivery. We are not responsible for messages blocked or delayed by mobile carriers.

5. Payment and Billing

For paid plans:

• Fees are charged monthly or annually in advance
• All fees are non-refundable except as required by law or our 14-day money-back guarantee
• We may change pricing with 30 days notice to existing customers
• Failed payments may result in service suspension
• You are responsible for all applicable taxes

14-Day Money-Back Guarantee: If you're not satisfied with a paid plan within the first 14 days, contact us for a full refund.

Cancellation: You may cancel your subscription at any time. Your service will continue until the end of the current billing period with no refund for unused time.

6. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy.

By using the Service, you acknowledge that:

• SMS messages sent through the Service are not encrypted end-to-end
• Messages may be stored temporarily for delivery and logging purposes
• You are responsible for obtaining necessary consents from SMS recipients
• You retain ownership of your data and may export or delete it at any time

7. Device Requirements

To use the Service, you must provide:

• An Android device running version 6.0 or higher
• An active SIM card with SMS capabilities
• A stable internet connection

You are responsible for all costs associated with your device, SIM card, and internet connection. We are not responsible for carrier charges or data usage.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by SMS Gateway and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The SMS Gateway software is open source and licensed under the MIT License. You may use, modify, and distribute the software according to the terms of that license.

Our trademarks and trade dress may not be used without our prior written permission.

9. Service Availability and Support

We strive to maintain high availability but do not guarantee uninterrupted service. The Service is provided "as is" and "as available."

We may:

• Perform scheduled maintenance with advance notice
• Conduct emergency maintenance without notice
• Modify or discontinue features at any time

Support is provided based on your plan level. We aim to respond to support requests within 24-48 hours on business days.

10. Limitation of Liability

To the maximum extent permitted by law, SMS Gateway shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses resulting from:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Statements or conduct of any third party on the Service
• Failed or delayed message delivery
• Service interruptions or errors

Our total liability to you for all claims arising from the Service is limited to the amount you paid us in the 12 months prior to the claim.

11. Indemnification

You agree to indemnify and hold harmless SMS Gateway, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you send through the Service

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Failure to pay fees
• At our sole discretion for any other reason

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data after a 30-day grace period
• You remain liable for all charges incurred prior to termination

You may terminate your account at any time from the dashboard settings.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through:

1. Good faith negotiations between the parties
2. Binding arbitration if negotiations fail

You agree to waive any right to a jury trial or class action lawsuit.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Email to the address associated with your account
• Notice in the dashboard
• Updating the "Last updated" date at the top of this page

Your continued use of the Service after changes constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

15. Contact Information

If you have questions about these Terms, please contact us:

16. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.